SETTLEMENT AGREEMENT
BETWEEN
THE UNITED STATES OF AMERICA
AND
AMERICINN BY WYNDHAM, GRISWOLD, CONNECTICUT
DJ # 202-14-239

The parties to this agreement (“Agreement”) are the United States of America and Champion Griswold, LLC, as the owners and managers of the AmericInn by Wyndham in Griswold, Connecticut (“the Inn”).  The parties hereby agree as follows:

I. BACKGROUND AND JURISDICTION

    1. The Inn is a multi-story hotel with 76 guest rooms constructed in 2003.
    2. The United States Attorney’s Office for the District of Connecticut, a component of the United States Department of Justice (“United States”), opened an investigation of the Inn pursuant to Title III of the Americans with Disabilities Act (ADA), 42 U.S.C.    12181-12189, and its implementing regulation, 28 C.F.R. part 36 (Title III Regulation).
    3. The United States initiated its investigation upon the receipt of a complaint from an individual regarding lack of accessibility at the Inn.
    4. The United States is authorized to investigate alleged violations of Title III of the ADA. Moreover, the United States is authorized, where appropriate, to use alternative means of dispute resolution, including settlement negotiations to resolve disputes. If resolution is not achieved, the United States may bring a civil action in federal court in any case where the Attorney General has reasonable cause to believe that a pattern or practice of discrimination exists or where the case raises an issue of general public importance. 42 U.S.C.    12188(b), 12212; 28 C.F.R.    36.502, 36.503, 36.506.
    5. Title III of the ADA mandates that “no individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.”  42 U.S.C.   12182(a). The Inn facility is a place of public accommodation within the meaning of 42 U.S.C.   12181(7) because, among other things, it is “an inn, hotel, motel, or other place of lodging.”  42 U.S.C.   12181(7) (A); see also 28 C.F.R.   36.104 (defining an “inn, hotel, or motel” as a “place of lodging”).  AmericInn by Wyndham, which is a private entity that owns, operates, leases or leases to the Inn facility, is a public accommodation subject to Title III of the ADA.  Id.; 28 C.F.R.   36.201(a).
    6. The Inn facility is an existing facility originally constructed prior to the effective date of the ADA. The parking area contains 80 parking spaces. The lobby, breakfast area, and public toilet rooms were altered in 2015 and 2019. Alterations included the installation of new tile, counters, and toilet room fixtures.
    7. Because the Inn has undergone alterations as defined by the ADA, 28 C.F.R.   36.402(b), the altered portions of the facility and the paths of travel serving these altered portions1 must be made to be readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, to the maximum extent feasible.  42 U.S.C.   12183(a)(2); 28 C.F.R.   36.402.
    8. The United States reviewed information provided by Champion Griswold, LLC, and conducted a site visit on August 22, 2019. During the site visit, the public areas of the facility, including the parking, entrances, lobby, restaurants, swimming pool, exercise room, meeting room, public toilet rooms, and typical designated accessible guest rooms were surveyed for compliance with the relevant ADA Standards for Accessible Design, including the 1991 Standards and the 2010 Standards.  28 C.F.R.   36.104. 

II. REMEDIAL ACTIONS TO BE TAKEN BY THE INN

  1. Champion Griswold, LLC will make the following modifications to improve accessibility for individuals with disabilities at the Inn:
    1. Exterior
      1. Parking
        1. The signage identifying the designated accessible parking spaces are mounted between 44 inches and 54 inches above the ground measured to the bottom of the sign. Signs shall be 60 inches minimum above the ground surface measured to the bottom of the sign. See the 2010 Standards    216.5, 502.6. See Photo 1, attached hereto as Exhibit A.
        2. The slope of the curb ramps at the head of the access aisles is between 1:10.7 (9.3%) and 1:10 (10.0%). Ramp runs shall have a running slope not steeper than 1:12. See the 2010 Standards    206.2.1, 402.2, 406.1, 405.2. See Photos 2 and 3.
        3. The cross slope of the sidewalk exceeds 1:48 at the curb ramps. The cross slope of walking surfaces shall not be steeper than 1:48. See the 2010 Standards    206.2.1, 402.2, 403.3. See Photos 4 and 5.
        4. A means to prevent vehicles from obstructing the 36 inch minimum accessible route to the entrance is not provided. The clear width of walking surfaces shall be 36 inches minimum. Parking spaces and access aisles shall be designed so that cars and vans, when parked, cannot obstruct the required clear width of adjacent accessible routes. See the 2010 Standards    206.2.1, 208.2, 402.2, 403.5, 502.7. See Photo 5.
    2. Entrances and Exits
      1. Entrance
        1. The slope of the curb ramp is approximately 1:11 (10.5%). Ramp runs shall have a running slope not steeper than 1:12. See the 2010 Standards    206.4, 206.2.1, 402.2, 406.1, 405.2. See Photo 6.
        2. A level landing is not provided at the top and bottom of the entrance ramp. Ramps shall have landings at the top and the bottom of each ramp run. See the 2010 Standards    206.4, 206.2.1, 402.2, 405.7. See Photos 7 and 8.
        3. Handrails are not provided on the entrance ramp. Ramp runs with a rise greater than 6 inches shall have handrails on both sides. See the 2010 Standards    206.4, 206.2.1, 402.2, 405.8, 505. See Photos 7 and 8.
      2. Exit Doors (Typical)
        1. A tactile sign identifying the exit doors in raised characters and Braille is not provided. Doors at exit passageways, exit discharge and exit stairways shall be identified by a tactile sign in raised characters and Braille. See the 2010 Standards    216.4.1, 703.1, 703.2, 703.5. See Photo 9.
    3. First Floor
      1. Breakfast Area
        1. None of the dining surfaces are accessible. At least two of the seating spaces at the dining surfaces shall be accessible. Dining surfaces shall be dispersed throughout the space or facility containing dining surfaces. See the Title III Regulations   36.302(a) and the 2010 Standards    226.1, 226.2, 902.2, 305, 306. See Photo 10.
        2. The table base obstructs the clear floor space at a typical moveable table. Accessible dining surfaces shall have a clear floor space, 30 inches minimum by 48 inches minimum, positioned for a forward approach; and shall have knee and toe clearance extending 17 inches minimum under the dining table. See the Title III Regulations   36.302(a) and the 2010 Standards    902.2, 305, 306. See Photo 11.
        3. The highest coffee dispenser control, syrup dispenser control, and condiment shelves are located between 53 inches and 60 inches above the finish floor, and the reach is over a 36 inch high counter. Where self-service shelves are provided, at least 50 percent, but no fewer than one, of each type provided shall be located within reach. Where a clear floor space allows a parallel approach to an element and the high side reach is over an obstruction, the height of the obstruction shall be 34 inches maximum and the depth of the obstruction shall be 24 inches maximum. The high side reach shall be 48 inches maximum for a reach depth of 10 inches maximum. Where the reach depth exceeds 10 inches, the high side reach shall be 46 inches maximum for a reach depth of 24 inches maximum. See the 2010 Standards    227.4, 308.2.2. See Photo 12.
        4. The waffle maker handles and waffle mix cups are 57 inches above the finish floor. The high side reach shall be 48 inches maximum for a reach depth of 10 inches maximum. Where the reach depth exceeds 10 inches, the high side reach shall be 46 inches maximum for a reach depth of 24 inches maximum. See the 2010 Standards    227.4, 308.2.2. See Photo 13.
      2. Lobby
        1. The toe clearance under the desk is 12 inches deep, and the knee clearance under the desk is 25½ inches high. The toe clearance shall extend 17 inches minimum under the desk, and the knee clearance shall be 11 inches deep minimum at 9 inches above the finish floor, and 8 inches deep minimum at 27 inches above the finish floor. See the Title III Regulations   36.302(a) and the 2010 Standards    902.2, 306.3.3. See Photo 14.
      3. Indoor Pool
        1. A tactile sign is not located on the wall adjacent to the latch side of the door. Where a tactile sign is provided at a door, the sign shall be located alongside the door at the latch side. Signs containing tactile characters shall be located so that a clear floor space of 18 inches minimum by 18 inches minimum, centered on the tactile characters, is provided beyond the arc of any door swing between the closed position and 45 degree open position. See the 2010 Standards    216.2, 703.4.2. See Photo 15.
        2. The maneuvering clearance on the latch push side of the door to the corridor is obstructed by the trash can. The maneuvering clearance shall be 12 inches minimum on the latch side of the door for a forward push approach to a door equipped with a closer and a latch. See the 2010 Standards    206.5.2, 404.2.4.1. See Photo 16.
        3. The force to open the door is 9 pounds. The force for pushing or pulling open an interior hinged door shall be 5 pounds maximum. See the 2010 Standards    206.5.2, 404.2.9. See Photo 16.
        4. The battery is not installed in the lift for the pool and the spa. Staff assistance is necessary to provide and install the battery. The lift shall be capable of unassisted operation from both the deck and water levels. See the 2010 Standards    242.2, 1009.2.7. See Photos 17 and 18.
        5. None of the dining surfaces are accessible. At least one of the seating spaces at the dining surfaces shall be accessible. See the Title III Regulations   36.302(a) and the 2010 Standards    226.1, 902.2, 305, 306. See Photo 19.
        6. The table base obstructs the clear floor space at a typical moveable table. Accessible dining surfaces shall have a clear floor space, 30 inches minimum by 48 inches minimum, positioned for a forward approach; and shall have knee and toe clearance extending 17 inches minimum under the dining table. See the Title III Regulations   36.302(a) and the 2010 Standards    902.2, 305, 306. See Photo 19.
        7. The highest telephone control is 61 inches above the finish floor. Where a clear floor space allows a parallel approach to an element and the side reach is unobstructed, the high side reach shall be 48 inches maximum and the low side reach shall be 15 inches minimum above the finish floor. See the 2010 Standards    217.2, 309.3, 308.3.1. See Photo 20.
        8. A drinking fountain for standing persons is not provided. No fewer than two drinking fountains shall be provided. One shall be an accessible drinking fountain and one shall be a drinking fountain for standing persons. Spout outlets of drinking fountains for standing persons shall be 38 inches minimum and 43 inches maximum above the finish floor. See the 2010 Standards    211.1, 211.2, 602.7. See Photo 21.
      4. Pool Shower Rooms 2
        1. A tactile sign is not located on the wall adjacent to the latch side of the door. Where a tactile sign is provided at a door, the sign shall be located alongside the door at the latch side. Signs containing tactile characters shall be located so that a clear floor space of 18 inches minimum by 18 inches minimum, centered on the tactile characters, is provided beyond the arc of any door swing between the closed position and 45 degree open position. See the 2010 Standards    216.2, 703.4.2. See Photo 22.
        2. The force to open the door is 14 pounds. The force for pushing or pulling open an interior hinged door shall be 5 pounds maximum. See the 2010 Standards    206.5.2, 404.2.9. See Photos 23 and 24.
        3. The coat hook is located 61 inches and 69 inches above the finish floor. Where a forward reach is unobstructed, the high forward reach shall be 48 inches maximum and the low forward reach shall be 15 inches minimum above the finish floor. See the 2010 Standards    213.2, 213.3.7, 603.4, 308.2.1. See Photos 25 and 26.
        4. The leading edge of the paper towel dispenser is more than 27 inches above the finish floor, and it protrudes more than 4 inches into the circulation path. Objects with leading edges more than 27 inches and not more than 80 inches above the finish floor shall protrude 4 inches maximum horizontally into the circulation path. See the 2010 Standards    204.1, 307.2. See Photos 27 and 28.
        5. The side grab bar extends 46 inches from the rear wall. The side wall grab bar shall be 42 inches long minimum, located 12 inches maximum from the rear wall and extending 54 inches minimum from the rear wall. See the 2010 Standards    213.2, 213.3.2, 604.5.1. See Photos 29 and 30.
        6. The rear grab bar is 30 inches long. The rear wall grab bar shall be 36 inches long minimum and extend from the centerline of the water closet 12 inches minimum on one side and 24 inches minimum on the other side. See the 2010 Standards    213.2, 213.3.2, 604.5.2. See Photos 29 and 30.
        7. The flush control is located on the wall side of the water closet. (right hand shower room) Flush controls shall be located on the open side of the water closet. See the 2010 Standards    213.2, 213.3.2, 604.6. See Photo 30.
        8. One of the lavatory water supply pipes is not insulated. (right hand shower room) Water supply and drain pipes under lavatories and sinks shall be insulated or otherwise configured to protect against contact. See the 2010 Standards    213.2, 213.3.4, 606.5. See Photo 28.
        9. The back wall shower grab bar extends the full length of the wall. In transfer type compartments, grab bars shall be provided across the control wall and back wall to a point 18 inches from the control wall. See the 2010 Standards    213.2, 213.3.6, 608.3.1, 609. See Photos 31 and 32.
        10. The rear edge of the “L” portion of the seat is 4 inches from the back wall. The rear edge of the “L” portion of the seat shall be 1½ inches maximum from the wall and the front edge shall be 14 inches minimum and 15 inches maximum from the wall. See the 2010 Standards    213.2, 213.3.6, 608.4, 610.3.2. See Photos 31 and 32.
      5. Hospitality Room
        1. The coat rod is located 62½ inches and the shelf is located 65 inches above the finish floor. Where a forward reach is unobstructed, the high forward reach shall be 48 inches maximum and the low forward reach shall be 15 inches minimum above the finish floor. See the 2010 Standards    213.2, 213.3.7, 603.4, 308.2.1. See Photo 33.
        2. The chair obstructs the clear floor space at the coat rod and shelf. A clear floor space, 30 inches minimum by 48 inches minimum, shall be provided at the coat rod and shelf. See the 2010 Standards    225.2, 811.2, 305.3. See Photo 58.
        3. The blind controls require tight grasping and pinching. Operable parts shall be operable with one hand and shall not require tight grasping, pinching, or twisting of the wrist. See the 2010 Standards    205.1, 309.4. See Photo 34.
      6. Exercise Room
        1. The force to open the door is 12 pounds. The force for pushing or pulling open an interior hinged door shall be 5 pounds maximum. See the 2010 Standards    206.5.2, 404.2.9. See Photo 35.
        2. The blind controls require tight grasping and pinching. Operable parts shall be operable with one hand and shall not require tight grasping, pinching, or twisting of the wrist. See the 2010 Standards    205.1, 309.4. See Photo 36.
      7. Unisex Toilet Room by Exercise Room
        1. The force to open the door is 10 pounds. The force for pushing or pulling open an interior hinged door shall be 5 pounds maximum. See the 2010 Standards    206.5.2, 404.2.9. See Photo 37.
        2. The coat hook bracket is located 65 inches above the finish floor. Where a forward reach is unobstructed, the high forward reach shall be 48 inches maximum and the low forward reach shall be 15 inches minimum above the finish floor. See the 2010 Standards    213.2, 213.3.7, 603.4, 308.2.1. See Photo 38.
        3. The rear grab bar is 30 inches long. The rear wall grab bar shall be 36 inches long minimum and extend from the centerline of the water closet 12 inches minimum on one side and 24 inches minimum on the other side. See the 2010 Standards    213.2, 213.3.2, 604.5.2. See Photo 39.
        4. The flush control is located on the wall side of the water closet. Flush controls shall be located on the open side of the water closet. See the 2010 Standards    213.2, 213.3.2, 604.6. See Photo 39.
        5. The lavatory water supply and drain pipes are not insulated. Water supply and drain pipes under lavatories and sinks shall be insulated or otherwise configured to protect against contact. See the 2010 Standards    213.2, 213.3.4, 606.5. See Photo 40.
        6. The mirror above the lavatory is 42½ inches above the finish floor to the bottom edge of the reflecting surface. Mirrors located above lavatories or countertops shall be installed with the bottom edge of the reflecting surface 40 inches maximum above the finish floor. See the 2010 Standards    213.2, 213.3.5, 603.3. See Photo 41.
      8. Guest Laundry Room
        1. The force to open the door is 15 pounds. The force for pushing or pulling open an interior hinged door shall be 5 pounds maximum. See the 2010 Standards    206.5.2, 404.2.9. See Photo 42.
        2. The folding counter surface is 35 inches above the finish floor. The top of work surfaces shall be 28 inches minimum and 34 inches maximum above the finish floor. See the 2010 Standards    226.1, 902.3. See Photo 43.
        3. The blind controls require tight grasping and pinching. Operable parts shall be operable with one hand and shall not require tight grasping, pinching, or twisting of the wrist. See the 2010 Standards    205.1, 309.4. See Photo 42.
    4. Second Floor
      1. Meeting Room
        1. The maneuvering clearance perpendicular to the door is 45 inches between the door and the column. The maneuvering clearance shall be 54 inches minimum perpendicular to the door for a latch side pull approach to a door equipped with a closer. See the 2010 Standards    206.5.2, 404.2.4.1. See Photo 44.
        2. The force to open the door is 7 pounds. The force for pushing or pulling open an interior hinged door shall be 5 pounds maximum. See the 2010 Standards    206.5.2, 404.2.9. See Photo 44.
        3. The blind controls require tight grasping and pinching. Operable parts shall be operable with one hand and shall not require tight grasping, pinching, or twisting of the wrist. See the 2010 Standards    205.1, 309.4. See Photo 45.
        4. The sink water supply and drain pipes are not insulated. Water supply and drain pipes under lavatories and sinks shall be insulated or otherwise configured to protect against contact. See the 2010 Standards    212.3, 606.5. See Photo 46.
      2. Men’s and Women’s Toilet Rooms 3
        1. The baseline of the lowest tactile character on the room sign is 61½ inches. Tactile characters on signs shall be located 48 inches minimum above the finish floor or ground surface, measured from the baseline of the lowest tactile character and 60 inches maximum above the finish floor or ground surface, measured from the baseline of the highest tactile character. See the 2010 Standards    216.2, 703.4.1. See Photos 47 and 48.
        2. The coat hook is located 65½ inches above the finish floor. Where a forward reach is unobstructed, the high forward reach shall be 48 inches maximum and the low forward reach shall be 15 inches minimum above the finish floor. See the 2010 Standards    213.2, 213.3.7, 603.4, 308.2.1. See Photos 49 and 50.
        3. The water closet clearance is 51 inches measured from the wall to the lavatory. Clearance around a water closet shall be 60 inches minimum measured perpendicular from the side wall. See the 2010 Standards    213.2, 213.3.2, 604.3. See Photos 51 and 52.
        4. The rear grab bar is 30 inches long. The rear wall grab bar shall be 36 inches long minimum and extend from the centerline of the water closet 12 inches minimum on one side and 24 inches minimum on the other side. See the 2010 Standards    213.2, 213.3.2, 604.5.2. See Photos 51 and 52.
        5. The flush control is located on the wall side of the water closet. (men’s toilet room) Flush controls shall be located on the open side of the water closet. See the 2010 Standards    213.2, 213.3.2, 604.6. See Photos 51 and 52.
        6. The lavatory water supply and drain pipes are not insulated. Water supply and drain pipes under lavatories and sinks shall be insulated or otherwise configured to protect against contact. See the 2010 Standards    213.2, 213.3.4, 606.5. See Photos 51 and 52.
        7. The mirror above the lavatory is 42½ inches above the finish floor to the bottom edge of the reflecting surface. Mirrors located above lavatories or countertops shall be installed with the bottom edge of the reflecting surface 40 inches maximum above the finish floor. See the 2010 Standards    213.2, 213.3.5, 603.3. See Photos 51 and 52.
    5. Guest Room Floors
      1. Guest Rooms with Mobility Features
        1. The hotel contains 76 guest rooms and provides 4 designated accessible guest rooms with mobility features. Five designated accessible guest rooms with mobility features are required. See the 2010 Standards    224.2, 806.2.
      2. Guest Rooms with Communication Features
        1. The hotel provides 4 designated accessible guest rooms with communication features and four kits equipped with notification devices. Nine designated accessible guest rooms with communication features are required. See the 2010 Standards    224.4, 806.3.
      3. Typical Guest Rooms
        1. The tactile sign is not located on the wall adjacent to the latch side of the door. Where a tactile sign is provided at a door, the sign shall be located alongside the door at the latch side. Signs containing tactile characters shall be located so that a clear floor space of 18 inches minimum by 18 inches minimum, centered on the tactile characters, is provided beyond the arc of any door swing between the closed position and 45 degree open position. See the 2010 Standards    216.2, 703.4.2. See Photo 53.
    6. Designated Accessible Guest Room 321
      1. Typical Standard King Room with Roll-In Shower
        1. Signage
          1. The tactile sign is not located on the wall adjacent to the latch side of the door. Where a tactile sign is provided at a door, the sign shall be located alongside the door at the latch side. Signs containing tactile characters shall be located so that a clear floor space of 18 inches minimum by 18 inches minimum, centered on the tactile characters, is provided beyond the arc of any door swing between the closed position and 45 degree open position. See the 2010 Standards    216.2, 703.4.1. See Photo 53.
        2. Sleeping Area
          1. The entrance door security lock is located 54 inches above the finish floor. Operable parts of door hardware shall be 34 inches minimum and 48 inches maximum above the finish floor. See the 2010 Standards    206.5.2, 404.2.7. See Photo 54.
          2. The clear floor space at the table is obstructed by the chair. Accessible dining surfaces shall have a clear floor space, 30 inches minimum by 48 inches minimum positioned for a forward approach; and shall have knee and toe clearance extending 17 inches minimum under the dining table. See the Title III Regulations   36.302(a) and the 2010 Standards    226.1, 902.2, 305, 306. See Photo 55.
          3. The coffee maker control is located 62 inches above the finish floor. Where a clear floor space allows a parallel approach to an element and the side reach is unobstructed, the high side reach shall be 48 inches maximum and the low side reach shall be 15 inches minimum above the finish floor. See the 2010 Standards    205.1, 309.3, 308.3.1. See Photo 56.
          4. The drapery controls require tight grasping and pinching. Operable parts shall be operable with one hand and shall not require tight grasping, pinching, or twisting of the wrist. See the 2010 Standards    205.1, 309.4. See Photo 57.
        3. Bathroom
          1. The water closet rear grab bar is 30 inches long. The rear wall grab bar shall be 36 inches long minimum and extend from the centerline of the water closet 12 inches minimum on one side and 24 inches minimum on the other side. See the 2010 Standards    224.2, 806.2.4, 604.5.2. See Photo 58.
          2. The clear floor space at the towel rack is obstructed by the water closet. A clear floor space, 30 inches minimum by 48 inches minimum, shall be provided at the towel rack. See the 2010 Standards    225.2, 811.2, 305.3. See Photo 58.
          3. The lavatory water supply and drain pipes are not insulated. Water supply and drain pipes under lavatories and sinks shall be insulated or otherwise configured to protect against contact. See the 2010 Standards    224.2, 806.2.4, 606.5. See Photo 59.
          4. The towel bar over the lavatory is 70 inches high. Where a clear floor space allows a parallel approach to an element and the side reach is unobstructed, the high side reach shall be 48 inches maximum and the low side reach shall be 15 inches minimum above the finish floor. See the 2010 Standards    225.2, 811.3, 308.3.1. See Photo 59.
          5. A fixed, folding shower seat is not provided. A folding seat shall be provided in roll-in type showers required in accessible guest rooms with mobility features. See the 2010 Standards    224.2, 806.2.4, 608.4. See Photo 60.
          6. The control to raise and lower the shower spray unit requires tight grasping and twisting of the wrist. Operable parts shall be operable with one hand and shall not require tight grasping, pinching, or twisting of the wrist. See the 2010 Standards    224.2, 806.2.4, 608.5, 309.4. See Photo 60.
          7. The shower controls and shower spray unit are located on the side shower wall. The controls, faucets, and shower spray unit shall be installed on the back wall adjacent to the seat wall and shall be located 27 inches maximum from the seat wall. See the 2010 Standards    224.2, 806.2.4, 608.5.2. See Photo 61.
          8. The shower spray unit is located 69 inches above the shower floor. The controls, faucets, and shower spray unit shall be located above the grab bar, but no higher than 48 inches above the shower floor. See the 2010 Standards    224.2, 806.2.4, 608.5.2. See Photo 61.
          9. The vertical bar for the adjustable height shower spray unit obstructs the control wall grab bar. If an adjustable-height shower head on a vertical bar is used, the bar shall be installed so as not to obstruct the use of grab bars. See the 2010 Standards    224.2, 806.2.4, 608.6. See Photo 61.
    7. Designated Accessible Guest Room 119
      1. Typical Standard Double Queen Room
        1. Signage
          1. The tactile sign is not located on the wall adjacent to the latch side of the door. Where a tactile sign is provided at a door, the sign shall be located alongside the door at the latch side. Signs containing tactile characters shall be located so that a clear floor space of 18 inches minimum by 18 inches minimum, centered on the tactile characters, is provided beyond the arc of any door swing between the closed position and 45 degree open position. See the 2010 Standards    216.2, 703.4.2. See Photo 62.
        2. Sleeping Area
          1. The entrance door security lock is located 54 inches above the finish floor. Operable parts of door hardware shall be 34 inches minimum and 48 inches maximum above the finish floor. See the 2010 Standards    206.5.2, 404.2.7. See Photo 63.
          2. The clear floor space at the table is obstructed by the chair. Accessible dining surfaces shall have a clear floor space, 30 inches minimum by 48 inches minimum positioned for a forward approach; and shall have knee and toe clearance extending 17 inches minimum under the dining table. See the Title III Regulations   36.302(a) and the 2010 Standards    226.1, 902.2, 305, 306. See Photo 64.
          3. The drapery controls require tight grasping and pinching. Operable parts shall be operable with one hand and shall not require tight grasping, pinching, or twisting of the wrist. See the 2010 Standards    205.1, 309.4. See Photo 65.
        3. Bathroom
          1. The water closet rear grab bar is 30 inches long. The rear wall grab bar shall be 36 inches long minimum and extend from the centerline of the water closet 12 inches minimum on one side and 24 inches minimum on the other side. See the 2010 Standards    224.2, 806.2.4, 604.5.2. See Photo 66.
          2. The clear floor space at the towel rack is obstructed by the water closet. A clear floor space, 30 inches minimum by 48 inches minimum, shall be provided at the towel rack. See the 2010 Standards    225.2, 811.2, 305.3. See Photo 66.
          3. The lavatory water supply and drain pipes are not insulated. Water supply and drain pipes under lavatories and sinks shall be insulated or otherwise configured to protect against contact. See the 2010 Standards    224.2, 806.2.4, 606.5. See Photo 67.
          4. The towel bar over the lavatory is 70 inches high. Where a clear floor space allows a parallel approach to an element and the side reach is unobstructed, the high side reach shall be 48 inches maximum and the low side reach shall be 15 inches minimum above the finish floor. See the 2010 Standards    225.2, 811.3, 308.3.1. See Photo 67.
          5. The back wall shower grab bar extends the full length of the wall. In transfer type compartments, grab bars shall be provided across the control wall and back wall to a point 18 inches from the control wall. See the 2010 Standards    224.2, 806.2.4, 608.3.1, 609. See Photo 68.
          6. The rear edge of the “L” portion of the seat is 3 inches from the back wall. The rear edge of the “L” portion of the seat shall be 1½ inches maximum from the wall and the front edge shall be 14 inches minimum and 15 inches maximum from the wall. See the 2010 Standards    224.2, 806.2.4, 608.4, 610.3.2. See Photo 69.
          7. The control to raise and lower the shower spray unit requires tight grasping and twisting of the wrist. Operable parts shall be operable with one hand and shall not require tight grasping, pinching, or twisting of the wrist. See the 2010 Standards    224.2, 806.2.4, 608.5, 309.4. See Photo 70.
          8. The shower spray unit is located 69 inches above the shower floor. The controls, faucets, and shower spray unit shall be installed on the side wall opposite the seat 38 inches minimum and 48 inches maximum above the shower floor. See the 2010 Standards    224.2, 806.2.4, 608.5.1. See Photo 70.
          9. The vertical bar for the adjustable height shower spray unit obstructs the control wall grab bar. If an adjustable-height shower head on a vertical bar is used, the bar shall be installed so as not to obstruct the use of grab bars. See the 2010 Standards    224.2, 806.2.4, 608.6. See Photo 70.
    8. Designated Accessible Guest Room 117
      1. Typical 1 Room Suite
        1. Signage
          1. The tactile sign is not located on the wall adjacent to the latch side of the door. Where a tactile sign is provided at a door, the sign shall be located alongside the door at the latch side. Signs containing tactile characters shall be located so that a clear floor space of 18 inches minimum by 18 inches minimum, centered on the tactile characters, is provided beyond the arc of any door swing between the closed position and 45 degree open position. See the 2010 Standards    216.2, 703.4.2. See Photo 71.
        2. Sleeping Area
          1. The entrance door and connecting door security lock are located 54 inches above the finish floor. Operable parts of door hardware shall be 34 inches minimum and 48 inches maximum above the finish floor. See the 2010 Standards    206.5.2, 404.2.7. See Photos 72 and 73.
          2. The connecting door deadbolt requires tight pinching and twisting. Operable parts shall be operable with one hand and shall not require tight grasping, pinching, or twisting of the wrist. See the 2010 Standards    206.5.2, 404.2.7, 309.4. See Photo 73.
          3. The clear floor space between the bed and the HVAC unit is 26 inches. A clear floor space, 36 inches minimum by 48 inches minimum, shall be provided on the both sides of the bed. See the 2010 Standards    224.2, 806.2.3, 305.7. See Photo 74.
          4. The drapery controls require tight grasping and pinching. Operable parts shall be operable with one hand and shall not require tight grasping, pinching, or twisting of the wrist. See the 2010 Standards    205.1, 309.4. See Photo 74.
          5. The knee clearance under the desk is 25 inches high. The knee clearance shall be 11 inches deep minimum at 9 inches above the finish floor, and 8 inches deep minimum at 27 inches above the finish floor. See the Title III Regulations   36.302(a) and the 2010 Standards    902.2, 306.3.3. See Photo 75.
          6. The spa control requires tight grasping and pinching. Operable parts shall be operable with one hand and shall not require tight grasping, pinching, or twisting of the wrist. See the 2010 Standards    205.1, 309.4.
        3. Bathroom
          1. The water closet rear grab bar is 30 inches long. The rear wall grab bar shall be 36 inches long minimum and extend from the centerline of the water closet 12 inches minimum on one side and 24 inches minimum on the other side. See the 2010 Standards    224.2, 806.2.4, 604.5.2. See Photo 76.
          2. The clear floor space at the towel rack is obstructed by the water closet. A clear floor space, 30 inches minimum by 48 inches minimum, shall be provided at the towel rack. See the 2010 Standards    225.2, 811.2, 305.3. See Photo 76.
          3. The lavatory drain pipe is not insulated. Water supply and drain pipes under lavatories and sinks shall be insulated or otherwise configured to protect against contact. See the 2010 Standards    224.2, 806.2.4, 606.5. See Photo 77.
          4. The towel bar over the lavatory is 70 inches high. Where a clear floor space allows a parallel approach to an element and the side reach is unobstructed, the high side reach shall be 48 inches maximum and the low side reach shall be 15 inches minimum above the finish floor. See the 2010 Standards    225.2, 811.3, 308.3.1. See Photo 78.
          5. The back wall shower grab bar extends the full length of the wall. In transfer type compartments, grab bars shall be provided across the control wall and back wall to a point 18 inches from the control wall. See the 2010 Standards    224.2, 806.2.4, 608.3.1, 609. See Photo 79.
          6. The rear edge of the “L” portion of the seat is 3 inches from the back wall. The rear edge of the “L” portion of the seat shall be 1½ inches maximum from the wall and the front edge shall be 14 inches minimum and 15 inches maximum from the wall. See the 2010 Standards    224.2, 806.2.4, 608.4, 610.3.2. See Photo 79.
          7. The control to raise and lower the shower spray unit requires tight grasping and twisting of the wrist. Operable parts shall be operable with one hand and shall not require tight grasping, pinching, or twisting of the wrist. See the 2010 Standards    224.2, 806.2.4, 608.5, 309.4. See Photo 79.
          8. The shower spray unit is located 75 inches above the shower floor. The controls, faucets, and shower spray unit shall be installed on the side wall opposite the seat 38 inches minimum and 48 inches maximum above the shower floor. See the 2010 Standards    224.2, 806.2.4, 608.5.1. See Photo 79.
          9. The vertical bar for the adjustable height shower spray unit obstructs the control wall grab bar. If an adjustable-height shower head on a vertical bar is used, the bar shall be installed so as not to obstruct the use of grab bars. See the 2010 Standards    224.2, 806.2.4, 608.6. See Photo 79.
    9. Designated Accessible Guest Room 301
      1. Typical 2 Room Suite with Roll-In Shower
        1. Signage
          1. The tactile sign is not located on the wall adjacent to the latch side of the door. Where a tactile sign is provided at a door, the sign shall be located alongside the door at the latch side. Signs containing tactile characters shall be located so that a clear floor space of 18 inches minimum by 18 inches minimum, centered on the tactile characters, is provided beyond the arc of any door swing between the closed position and 45 degree open position. See the 2010 Standards    216.2, 703.4.2. See Photo 80.
        2. Living and Dining Area
          1. The entrance door security lock is located 54 inches above the finish floor. Operable parts of door hardware shall be 34 inches minimum and 48 inches maximum above the finish floor. See the 2010 Standards    206.5.2, 404.2.7. See Photo 81.
          2. The maneuvering clearance on the latch pull side of the door to the bedroom is obstructed by the table. The maneuvering clearance shall be 18 inches minimum on the latch side of the door for a forward pull approach. See the 2010 Standards    206.5.2, 404.2.4.1. See Photo 82.
          3. The drapery controls require tight grasping and pinching. Operable parts shall be operable with one hand and shall not require tight grasping, pinching, or twisting of the wrist. See the 2010 Standards    806.2.1, 205.1, 309.4. See Photo 83.
          4. The table base obstructs the clear floor space at the dining table. Accessible dining surfaces shall have a clear floor space, 30 inches minimum by 48 inches minimum positioned for a forward approach; and shall have knee and toe clearance extending 17 inches minimum under the dining table. See the Title III Regulations   36.302(a) and the 2010 Standards    806.2.1, 902.2, 305, 306. See Photo 84.
        3. Kitchen
          1. The knee clearance under the sink at 27 inches high is not 8 inches deep. The knee clearance shall be 8 inches deep minimum at 27 inches above the finish floor. See the 2010 Standards    224.2, 806.2.5, 804.4, 606.2, 306.3.3. See Photo 85.
          2. Less than 50 percent of the shelf space in the kitchen is within reach range. At least 50 percent of shelf space in storage facilities shall be within accessible reach ranges. Where a clear floor space allows a parallel approach to an element and the side reach is unobstructed, the low side reach shall be 15 inches minimum above the finish floor. Where the reach depth exceeds 10 inches, the high side reach shall be 46 inches maximum for a reach depth of 24 inches maximum. See the 2010 Standards    224.2, 806.2.5, 804.5, 811.3, 308.3.1, 308.3.2. See Photo 85.
          3. The range controls require tight pinching and twisting to operate. Operable parts shall be operable with one hand and shall not require tight grasping, pinching, or twisting of the wrist. See the 2010 Standards    224.2, 806.2.5, 804.6.2, 309.4. See Photo 85.
          4. The highest microwave control is 59 inches above the finish floor. Where the reach depth exceeds 10 inches, the high side reach shall be 46 inches maximum for a reach depth of 24 inches maximum. See the 2010 Standards    224.2, 806.2.5, 804.6.2, 309.3, 308.3.2. See Photo 85.
        4. Bedroom
          1. The knee clearance under the desk is 25 inches high. The knee clearance shall be 11 inches deep minimum at 9 inches above the finish floor, and 8 inches deep minimum at 27 inches above the finish floor. See the Title III Regulations   36.302(a) and the 2010 Standards    902.2, 306.3.3. See Photo 86.
          2. The spa control requires tight grasping and pinching. Operable parts shall be operable with one hand and shall not require tight grasping, pinching, or twisting of the wrist. See the 2010 Standards    205.1, 309.4. See Photo 87.
          3. The drapery controls require tight grasping and pinching. Operable parts shall be operable with one hand and shall not require tight grasping, pinching, or twisting of the wrist. See the 2010 Standards    205.1, 309.4. See Photo 88.
        5. Bathroom
          1. The water closet rear grab bar is 30 inches long. The rear wall grab bar shall be 36 inches long minimum and extend from the centerline of the water closet 12 inches minimum on one side and 24 inches minimum on the other side. See the 2010 Standards    224.2, 806.2.4, 604.5.2. See Photo 89.
          2. The flush control is located on the wall side of the water closet. Flush controls shall be located on the open side of the water closet. See the 2010 Standards    224.2, 806.2.4,604.6. See Photo 89.
          3. The clear floor space at the towel rack is obstructed by the water closet. A clear floor space, 30 inches minimum by 48 inches minimum, shall be provided at the towel rack. See the 2010 Standards    225.2, 811.2, 305.3. See Photo 89.
          4. The lavatory drain pipe is not insulated. Water supply and drain pipes under lavatories and sinks shall be insulated or otherwise configured to protect against contact. See the 2010 Standards    224.2, 806.2.4, 606.5. See Photo 90.
          5. The towel bar over the lavatory is 70 inches high. Where a clear floor space allows a parallel approach to an element and the side reach is unobstructed, the high side reach shall be 48 inches maximum and the low side reach shall be 15 inches minimum above the finish floor. See the 2010 Standards    225.2, 811.3, 308.3.1. See Photo 90.
          6. A fixed, folding shower seat is not provided. A folding seat shall be provided in roll-in type showers required in accessible guest rooms with mobility features. See the 2010 Standards    224.2, 806.2.4, 608.4. See Photo 91.
          7. The control to raise and lower the shower spray unit requires tight grasping and twisting of the wrist. Operable parts shall be operable with one hand and shall not require tight grasping, pinching, or twisting of the wrist. See the 2010 Standards    224.2, 806.2.4, 608.5, 309.4. See Photo 92.
          8. The shower controls and shower spray unit are located on the side shower wall. The controls, faucets, and shower spray unit shall be installed on the back wall adjacent to the seat wall and shall be located 27 inches maximum from the seat wall. See the 2010 Standards    224.2, 806.2.4, 608.5.2. See Photo 92.
          9. The shower spray unit is located 69 inches above the shower floor. the controls, faucets, and shower spray unit shall be located above the grab bar, but no higher than 48 inches above the shower floor. See the 2010 Standards    224.2, 806.2.4, 608.5.2. See Photo 92.
          10. The vertical bar for the adjustable height shower spray unit obstructs the control wall grab bar. If an adjustable-height shower head on a vertical bar is used, the bar shall be installed so as not to obstruct the use of grab bars. See the 2010 Standards    224.2, 806.2.4, 608.6. See Photo 92.
  2. Alterations
    1. Any alterations, as defined in 42 U.S.C.  12183 and 28 C.F.R.   36.402(b), made to the Inn facility shall comply in all respects with the ADA, and its implementing regulations, including the 2010 Standards.
    2. If an alteration affects or could affect the usability of or access to an area of the facility that contains a primary function, that alteration shall be made so as to ensure that, to the maximum extent feasible, the path of travel to the altered areas are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, unless the cost and scope of such alterations is disproportionate to the cost of the overall alteration.  42 U.S.C.   12183(a); 28 C.F.R.   36.403.

    III. MPLEMENTATION AND ENFORCEMENT OF AGREEMENT

    1. In consideration of the terms of this Agreement, the United States agrees to refrain from filing a civil suit for failure to comply with Title III of the ADA at the Inn; provided, however, that the United States reserves the right to file a civil lawsuit to enforce this Agreement or Title III of the ADA as set out in Paragraph III (4) below.
    2. The United States does not assert that this Agreement or the modifications contemplated herein will bring the Inn facility into compliance with all aspects of the ADA, and nothing in this Agreement is intended to constitute an interpretation of the legal requirements of the ADA by the United States. Rather, the parties enter into this Agreement for the purpose of compromising disputed claims and avoiding the risk and expenses of litigation.
    3. The United States may review compliance with this Agreement at any time. Upon reasonable advance notice to the Inn, it shall permit the United States and any person acting on its behalf unlimited access to the Inn to review compliance with the ADA and this Agreement, provided that such access does not interfere with the comfort, privacy or safety of the guests at the Inn, or unreasonably interfere with the management and operation of the Inn.
    4. If the United States believes that violations of this Agreement or any requirement thereof have occurred at the Inn facility, it agrees to notify Champion Griswold, LLC, as the owners and operators of the Inn, in writing of the specific violation(s) alleged. Champion Griswold, LLC shall have 90 days from its receipt of the notice to cure and/or respond in writing to the United States the alleged violation(s).
    5. Champion Griswold, LLC shall provide certifications to the United States, every six months until full compliance with this Agreement is achieved, in the form of a narrative report and photos showing that the items within this Agreement that the Inn has agreed to correct have been so corrected. Champion Griswold, LLC shall include as an exhibit copies of any complaint, whether formal or informal, received during the reporting period alleging that the Inn did not comply with the ADA or that individuals with disabilities at the Inn were subject to discrimination on the basis of disability. The parties expressly agree that providing such certifications is essential to the enforcement of this Agreement, and that a failure to provide the certifications required by this paragraph constitutes a breach of this Agreement.
    6. All notices, demands, reports or other communication to be provided to the United States pursuant to this Agreement shall be in writing and delivered by U.S. mail or electronic mail to the following:

      7. Ndidi N. Moses, Assistant U.S. Attorney
      c/o Cindy Gartland, Paralegal Specialist
      U.S. Attorney’s Office
      157 Church Street, 25th Floor
      New Haven, CT 06510
      email: Ndidi.Moses@usdoj.gov

    7.     All notices, demands, reports or other communication to be provided to Champion Griswold, LLC pursuant to this Agreement shall be in writing and delivered by U.S. mail or electronic mail to the following:

      8. Nirlesh Patel
      AmericInn by Wyndham Griswold
      375 Voluntown Road
      Griswwold, CT 06351

    8. This Agreement is a public document. A copy of this document or any information contained in it may be made available to any person.
    9. Failure by the United States to enforce this entire Agreement or any provision thereof with regard to any deadline or any other provision herein shall not be construed as a waiver of its right to do so with regard to other deadlines and provisions of this Agreement.
    10. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement, shall be enforceable. This Agreement is limited to the facts set forth herein and it does not purport to remedy any other potential violations of the ADA, or any other Federal law. This Agreement does not affect the continuing responsibility of the Inn to comply with all aspects of the ADA.
    11. If any provision of this Agreement is determined by any court to be unenforceable, the other terms of this Agreement shall nonetheless remain in full force and effect, provided, however, that if the severance of any such provision materially alters the rights or obligations of the parties, the United States and the Inn shall engage in good faith negotiations in order to adopt such mutually agreeable amendments to this Agreement as may be necessary to restore the parties as closely as possible to the initially agreed-upon relative rights and obligations.
    12. A signor of this document in a representative capacity for an entity represents that he or she is authorized to bind such entity to this Agreement.
    13. In the event Champion Griswold, LLC seeks to transfer or assign all or part of its interest or assign a lease, as a condition of sale, lease or assignment, regarding the Inn, the Inn shall obtain the written accession of the successor or assign to any obligations remaining under this Agreement for the remaining term of the Agreement.
    14. The Effective Date of this Agreement is the date of the last signature below. This Agreement shall remain in effect for three years from the Effective Date.

1 Alterations that affect the usability of or access to an area of a facility that contains a primary function area shall trigger modifications to the path of travel to be made readily accessible to and usable by individuals with disabilities to the maximum extent feasible, unless doing so would be disproportionate to the overall cost of the underlying alterations.  28 C.F.R.   36.403(c). 

2 Two unisex shower rooms are provided. They are similar in configuration and dimension. Listed items apply to both shower rooms unless noted otherwise.

3 The second floor men’s and women’s toilet rooms are similar in configuration and dimension. Listed items apply to both toilet rooms unless noted otherwise.

 

New Haven, CT
December 26, 2019

 

 

 

 

 

 

Griswold, CT
December 23, 2019

For the United States of America:

JOHN H. DURHAM
United States Attorney for the
District of Connecticut

John B. Hughes
Civil Division Chief

By: /s/
Ndidi N. Moses
Assistant United States Attorney
157 Church Street, 25th Floor
New Haven, CT 06510

For AmericInn by Wyndham

By: /s/
Nirlesh Patel
AmericInn by Wyndham Griswold
375 Voluntown Road
Griswold, CT 06351

By: /s/
Champion Griswold, LLC
3048 N. Grand Blvd.
Oklahoma City, OK 73107